Speech by Lord Justice McFarlane: Care Crisis Review Launch – Courts and Tribunals Judiciary

Posted June 14th, 2018 in care orders, family courts, judges, reports, speeches by tracey

‘Speech by Lord Justice McFarlane: Care Crisis Review Launch.’

Full speech

Courts and Tribunals Judiciary, 13th June 2018

Source: www.judiciary.uk

Legal system of child protection is in crisis, says senior judge – The Guardian

Posted June 13th, 2018 in care orders, child neglect, family courts, news, social services by sally

‘The family justice system is in crisis, fuelled by an “untenable” workload created by a glut of applications to take vulnerable children into care, the senior judge about to become the next head of the family courts has said.’

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The Guardian, 13th June 2018

Source: www.theguardian.com

Bob the Builder – Mail, please fix it! – Transparency Project

Posted June 8th, 2018 in care orders, children, media, news by sally

‘The Daily Mail reported yesterday that a ‘Nurse’s one-year-old son is taken from her care after she let him sit in a Bob The Builder toy car that was ‘inappropriate’ for his age’.’

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Transparency Project, 6th June 2018

Source: www.transparencyproject.org.uk

Mother denied chance to take her case to ‘court of public opinion’ – Law Society’s Gazette

Posted May 31st, 2018 in care orders, families, family courts, injunctions, media, news by sally

‘Family Division president Sir James Munby, who has long argued for allowing the ‘glare of publicity’ in to family courts, says some cases should not be debated under the public gaze, as he denied a mother the chance to take her case to the ‘court of public opinion’.’

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Law Society's Gazette, 31st May 2018

Source: www.lawgazette.co.uk

Temporary relocation of a child: a practical approach – Family Law

Posted May 31st, 2018 in care orders, children, jurisdiction, news, treaties by sally

‘Temporary relocation cases tend to fall into two categories. The first category is for a holiday with a typical duration of a few weeks, for example to allow a child to return to a mother’s home country to see wider family during the summer holidays. The second category is a stay of a longer duration, perhaps of several months. It may be to enable a child to have an extended stay with family or to allow the parent to pursue a temporary job opportunity.’

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Family Law, 30th May 2018

Source: www.familylaw.co.uk

Woman who asked court to allow disabled daughter to die changes mind – BBC News

Posted May 21st, 2018 in care orders, children, consent, disabled persons, medical treatment, news by sally

‘A woman who thought that her severely disabled 11-year-old daughter should be allowed to die has told a family court judge that she has changed her mind.’

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BBC News, 20th May 2018

Source: www.bbc.co.uk

Family Division judge refuses council permission to withdraw care proceedings – Local Government Lawyer

Posted May 11th, 2018 in care orders, children, local government, news, terrorism by sally

‘A Family Division judge has refused an application by the London Borough of Tower Hamlets to have care proceedings for child C either dismissed or withdrawn.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Approach when a local authority seeks permission to withdraw application for care order – Family Law

Posted April 30th, 2018 in care orders, children, local government, news, terrorism by tracey

‘Family analysis: Maud Davis, partner at TV Edwards LLP, says the judgment in A local authority v A mother and others [2017] EWHC 3741 (Fam), [2017] All ER (D) 146 (Dec) makes it clear that the risk of significant harm has to be established on the basis of evidence, and not “assumptions or speculation on future behaviour”.’

Full Story

Family Law, 26th April 2018

Source: www.familylaw.co.uk

Getting the Most Out of Independent Reviewing Officers in Care Proceedings – Family Law Week

Posted April 23rd, 2018 in care orders, children, guardianship, local government, news by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.’

Full Story

Family Law Week, 20th April 2018

Source: www.familylawweek.co.uk

Shared care arrangements in relocation cases – Family Law

Posted April 12th, 2018 in care orders, children, domicile, families, news by sally

‘Family analysis: Richard Jones, barrister at 1 Garden Court Chambers, discusses the practical implications of the judgment in JAL v LSW [2017] EWHC 3699 (Fam), which concerns how the courts should approach relocation cases where care of the child has been shared.’

Full Story

Family Law, 12th April 2018

Source: www.familylaw.co.uk

Removing a party to proceedings: A Local Authority v F and others – Family Law

‘Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam), [2018] All ER (D) 68 (Mar) Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.’

Full Story

Family Law, 27th March 2018

Source: www.familylaw.co.uk

Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989 – Family Law Week

Posted March 23rd, 2018 in care orders, domestic violence, evidence, families, family courts, news by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal’s judgment in R (Children) [2018] EWCA Civ 198.’

Full Story

Family Law Week, 16th March 2018

Source: www.familylawweek.co.uk

Deprivation of liberty and administration of medication by a local authority to a child – Zenith Chambers

‘Local Government analysis: Louise McCallum, barrister, and Emily Ross, pupil barrister, both of Zenith Chambers, Leeds, consider the case of T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication), which dealt with issues of deprivation of liberty and administration of medication by a local authority to a child.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Guidance on Art 5 compliance when a child in local authority care is deprived of their liberty – Family Law

‘In Re A-F (Children) (Care Orders: Restrictions on Liberty) [2018] EWHC 138 (Fam) the court gave guidance on when Art 5 of the European Convention on Human Rights (ECHR) is engaged in relation to a child in the care of the local authority, and the procedures necessary to ensure the deprivation of liberty is lawful.’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Family Drug and Alcohol Courts to expand across London – Local Government Lawyer

Posted March 1st, 2018 in alcohol abuse, care orders, courts, drug abuse, families, family courts, London, news by sally

‘The Family Drug and Alcohol Court ( FDAC) is to expand in London after a partnership of nine boroughs, led by Merton Council, commissioned the service from the Tavistock and Portman NHS Foundation Trust.’

Full Story

Local Government Lawyer, 28th February 2018

Source: www.localgovernmentlawyer.co.uk

Local authorities and learning disabled parenting (A Local Authority v CG and others) – Family Law

‘A case concerning the parental suitability of two parents with mental health and learning difficulties offers a number of lessons that can help local authorities to better manage such challenging circumstances. Emma Harman, counsel for the mother, and Omar Malik, for the father, both of 3 Paper Buildings, outline the most salient issues for practitioners and local authorities to be aware of.’

Full Story

Family Law, 18th January 2018

Source: www.familylaw.co.uk

Children to be adopted as ‘kisses and cuddles not enough’ – BBC News

Posted January 11th, 2018 in adoption, care orders, learning difficulties, news, social services by tracey

‘Two children have been taken from the care of their mother, who has a learning disability, after a judge said “kisses and cuddles are not enough”.

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BBC News, 10th January 2018

Source: www.bbc.co.uk

The use of testing for drugs and alcohol in FDAC – Family Law

‘The FDAC National Unit (NU) coordinates quarterly meetings for all FDAC substance misuse workers, to provide a forum for discussing issues arising from working in FDAC, which is a very different experience to working within adult treatment services. Issues that arise include being part of a multi-disciplinary team, working within the tight timescales of care proceedings, and the need to focus on the welfare of the child and the child’s timescales rather than solely on the parent/s. Issues relating to testing are also discussed regularly.’

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Family Law, 9th January 2018

Source: www.familylaw.co.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual over the age of 16 who lacks capacity to consent to their confinement. This procedure, usually called the Re X procedure after the decision of Re X and others (Deprivation of Liberty) [2014] EWCOP 25 (and No 2 [2014] EWCOP 37), can be used in any setting where the DOLS authorisation procedure in Schedule A1 to the MCA 2005 cannot be used, and also where the person is between the age of 16 and 18.’

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39 Essex Chambers, December 2017

Source: www.39essex.com

Social worker wins right to use documents for ECHR claim over judicial criticism – Local Government Lawyer

Posted December 8th, 2017 in care orders, disclosure, family courts, human rights, news, social services by sally

‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’

Full Story

Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk